New Bridge: A New Rotator Cuff Injury Treatment

There is a new technique to surgically repair rotator cuff injuries that may be superior to traditional methods. If you or a loved one has been involved in a truck/slip-and-fall accident, a Chicago trip and fall attorney from the Law Offices of Barry G. Doyle, P.C. can help you file your personal injury claim. Contact us today for a free case evaluation – 312-263-1080.

Man Sues for Trip and Fall on Set Of Public Enemies Film

A man has filed suit in Cook County because of injuries he sustained in a trip and fall accident that was allegedly caused by rubber cobblestones on a movie set. If you or a loved one has been involved in a truck/slip-and-fall accident, a Chicago trip and fall attorney from the Law Offices of Barry G. Doyle, P.C. can help you file your personal injury claim. Contact us today for a free case evaluation – 312-263-1080.

Proving Liability in an Outdoor Slip and Fall Accident

Proving liability is crucial in a personal injury claim involving an outdoor slip and fall accident. Contact a Chicago injury lawyer at the Law Offices of Barry G. Doyle, P.C. for a free evaluation of your case – 312-263-1080

Inclement Weather and Outdoor Slip and Fall Accidents

If you have been injured in an outdoor slip and fall accident that was weather-related, you may be wondering if you have grounds for a personal injury case. Contact a Chicago personal injury attorney at the Law Offices of Barry G. Doyle, P.C. for a free evaluation of your case – 312-263-1080

What do I do if I’m involved in an indoor slip and fall accident?

You may be wondering what to do if you have been involved in an indoor slip and fall accident. You may be eligible to receive compensation for injuries sustained. Contact a Chicago personal injury attorney at the Law Offices of Barry G. Doyle, P.C. for a free evaluation of your case – 312-263-1080

Compensation for Indoor Slip and Fall Accidents

If you have been injured in an indoor slip and fall accident, you might wonder if you are entitled to compensation. Contact a Chicago personal injury attorney at the Law Offices of Barry G. Doyle, P.C. for a free evaluation of your case – 312-263-1080

Carbon monoxide poisoning in ice rinks

I saw a piece in the news recently about a law that is being passed in Minnesota regarding setting indoor air quality standards for ice rinks.  There was an incident there similar to the Glen Ellyn ice rink carbon monoxide poisoning incident of this past winter where a number of youth hockey players were made ill by carbon monoxide poisoning.

The source of the carbon monoxide in the Minnesota incident was the Zamboni and other ice grooming equipment.  The new law requires ice rinks to equip the ice making equipment with pollution emissions equipment and the rink with air monitoring equipment.

The law is a sensible approach to addressing the dangers of carbon monoxide poisoning.  We all know that you do not leave the car engine running in a closed garage.  While an ice rink is obviously a much larger building, that only helps diminish the concentration of the carbon monoxide, not eliminate it.

Carbon monoxide suit settled

A wrongful death carbon monoxide suit which was filed following an incident in which a hotel guest died of carbon monoxide poisoning and his wife was sickened by it was recently settled. 

The man was a guest at a Best Western hotel.  Unbeknown to him, the hotel had hired a contractor to repair some stucco on the exterior of the building.  Workers for the contractor covered over the vents to the hot water heaters for the hotel, causing carbon monoxide to flow into the man's room.  When firefighters arrived, they discovered that the carbon monoxide levels were 10 times lethal levels.

According to the news story, terms of the settlement were not disclosed, but included the contractors involved with the work and the operator of the hotel.

34 sickened by carbon monoxide poisoning at church

34 people were made ill as a result of carbon monoxide poisoning at their Pennsylvania church, including some who had to be airlifted to a regional hospital.  Authorities determined that the cause of the carbon monoxide poisoning was a blocked chimney for the church.

Winter poses a special increased risk of carbon monoxide poisoning for a few reasons.  One is that there is an increased need for gas heat, and burning carbon based fuels such as gas or oil puts more carbon monoxide into the air.  The other reason is that it is easy for things like chimneys, which are necessary to vent the carbon monoxide, to become covered with snow or ice, resulting in the carbon monoxide remaining in the building where it can rise to dangerously high levels.

Even though it is unpleasant to do in cold weather, periodic checks of chimneys and vents are an essential part of preventing carbon monoxide poisoning accidents.

Carbon monoxide poisoning kills Oregon woman

An Oregon woman recently died of effects from carbon monoxide poisoning from a Dec. 9 accident which killed her husband also.  A spokesman from the fire department indicated that the cause of the carbon monoxide accident was an improperly installed heater.  The improper venting which caused fumes to fill the home.

Carbon monoxide comes from the burning of fossil fuels such as gas, so improperly vented heaters are a common causes of carbon monoxide deaths.  A first step in investigating this accident would be to determine when and who installed the heater.  If this was done by a contractor, the contractor faces potential civil liability for the two deaths caused by this accident.  A second step that would have to be taken is to determine how it was improperly vented.  This should be shown in the fire department's investigation.  If not, steps must be taken to preserve the scene and all evidence related to the accident.

This was a very avoidable accident which deserves a proper investigation.

Student seriously injured in West Chicago high school PE class accident

Shortly before the Christmas break, a student at Community High School in West Chicago was seriously injured when she fell approximately 20 feet to a rubberized floor while participating in a rope obstacle course.  The exact cause of the fall is currently under investigation by school authorities.

Falls from heights frequently produce serious injuries which is why extensive safety precautions were required for this particular obstacle course.  According to the news story, there were a number of safety measures, including the use of harnesses.  These were obviously not enough to assure the safety of this student.

Cases involving accidents at public schools, especially those involving physical education classes, are always exceedingly difficult because of the various immunities that public schools and teachers have negligence suits.  Additionally, although liability waivers are not enforceable for children, it is a reasonable guess that the district obtained a waiver for the student to participate in the obstacle course. 

There are also a number legal doctrines which could make recovering compensation in a slip and fall suit difficult for this injured student.  Because of this, as experienced Chicago personal injury lawyers, we would recommend considering a defective product suit against the harness manufacturer, if the investigation shows that one is warranted.

Faulty furnace causes carbon monoxide poisoning in South Side apartment building

A five story apartment building on the 3500 block of South Sangamon was evacuated earlier this week due to elevated carbon monoxide.  The source of the casrbon monoxide poisoning was traced to a faulty heater in the apartment building.

Landlords have the responsibility for keeping the common elements of an apartment building safe and proper condition.  This would include elements such as a furnace which will emit carbon monxide if not properly maintained and vented.  The responsibility for this carbon monoxide poisoning event would therefore fall on the landlord of this apartment building.

Unsafe carbon monoxide levels in ice rink

In the wake of the Glen Ellyn ice rink carbon monoxide poisoning incident from a few weeks ago, I was interested to read a story from Sacramento about the poor quality of the air in their local ice rinks, including high levels of carbon monoxide.

The story indicates that the high level of carbon monoxide was due to the poor repair of the Zamboni ice machine and poor ventilation in the rink.  The owner promised to make repairs to avoid having a carbon monoxide poisoning accident.

Carbon monoxide leak at Center Ice of DuPage in Glen Ellyn results in hospitalization of several from youth hockey tournament

The Center Ice of DuPage ice rink facility had to be evacuated Saturday evening.  Several people attending a youth hockey tournament that brought teams in from around the country fell ill with headaches, nausea, and vomiting.  When rescue crews came to the facility, a carbon monoxide detector showed very high levels of carbon monoxide, prompting an evacuation of the entire facility.  As of this writing, the source of the carbon monoxide emissions had not been determined.  Many of the people who were made ill had to be hospitalized with symptoms of carbon monoxide poisoning.

Early press reports described the injuries sustained by persons attending the tournament as being "not serious" but carbon monoxide can have significant long-term health effects.  Ongoing follow-up care and therapy will be required for those made most seriously sick by carbon monoxide poisoning.

While the source of the carbon monoxide emissions was not being reported in the early press accounts, carbon monoxide is primarily produced by the burning of fossil fuels.  In a situation such as this, there are a number of likely culprits:

• Exhaust from team buses being sucked in through the vents to the building.  This has been a common scenario in a number of other carbon monoxide poisoning accidents.  Buses left idling near the building are a potential source;
• Defective heating equipment in the building.  It was not cold Saturday evening, but the cool snap the week before may have led the building operators to turn the heat on.  If the heat equipment was not working properly, it may have taken a long period of time for harmful concentrations of carbon monoxide to build up in a large, open facility like that ice rink;
• Defective icing equipment.  A facility like the ice rink requires powerful equipment to cool the building so that ice can be made inside the facility.  A defect in the equipment or how it is vented could be a possible cause of the carbon monoxide poisoning.

Fulbright scholars stricken by carbon monoxide poisoning

In Nashville, Tennessee, three Fulbright scholars were hospitalized suffering from carbon monoxide poisoning after being overcome by fumes in the residence hall in which they were staying.  An investigation determined that faulty heating equipment was the source of the carbon monoxide poisoning.

A couple of points:

• Many episodes of carbon monoxide poisoning are caused by faulty heating equipment or improperly vented heating equipment.  With cold weather starting to set in, you should be careful to have all of your heating equipment checked for proper operation and to make sure that it is properly vented.  Also, please check your carbon monoxide detectors and make sure that there are fresh batteries installed.
• Cognitive impairments are one of the signature injuries from carbon monoxide poisoning.  As Fulbright scholars, these three people who were injured were obviously people functioned at a very high level intellectually, and after their fellowships were over, were probably on track for significant careers in their chosen fields and significant earnings over the course of their lifetimes.  If there are long-term cognitive deficits compared to their pre-injury status, the impairment of their earning capacities is a legitimate item of damages, even if they go on to make good money in their fields.  Evaluating this kind of loss of earnings is very difficult and will take the assistance of an experienced personal injury attorney.
  

Improper furnace venting results in hospitalization of 11 due to carbon monoxide poisoning

Eleven people from an Indiana apartment complex were hospitalzied last week due to carbon monoxide poisoning.  Authorities determined that the cause of the carbon monoxide poisoning was a furnace that was vented directly into an apartment.

With the return of fall weather, people will once again be using heating equipment which has been out of service for months.  Before using gas appliances are out back into use this fall, you should becareful to have them inspected and serviced by a well-qualified professional to ensure that they are in proper working order and that they are properly vented. 

Because carbon monoxide is a colorless, odorless gas, the onset of symptoms is often the first warning that you have that something is wrong.  Carbon monoxide poisoning can result in wrongful death, especially when the poisoning occurs while the victims are sleeping.

Neighbors injured by carbon monoxide poisoning

Four neighbors in a North Carolina town home complex were taken to the hospital earlier this week suffering from carbon monoxide poisoning.  Authorities determined that the one of the neighbors left his truck running by accident, and fumes from the engine were the source of the carbon monoxide.

Gas combustion engines such as those found in cars and trucks are a prime source of carbon monoxide.  When your car or truck is not in use, the engine should be turned off, especially if it is in an enclosed space such as a garage.  Many people are well aware that if they stay in the garage with the car running, they can kill themselves.

However, many people are unaware that the carbon monoxide can spread from the garage and into the house, as was apparently the case with this accident, and was the case with this carbon monoxide poisoning death case from Florida earlier this year.

CDC releases statistics regarding causes of unintentional injury

The Centers for Disease Control released the results of its study of the most common causes of emergency room treatment in hospitals for the 2007 calendar year.  For all age groups except one, the leading cause of emergency room treatment was slip and fall accidents.  In the one age group (ages 15-24) where it was not the leading cause, it was second.

It was a little surprising to see that fall accidents were more common that car crashes as a cause of hospital treatment, but it does serve as proof that many people suffer serious injuries as a result of falls.

Man falls from Rogers Park porch after railing gives way

A man was injured in a fall from a porch to an apartment building on the 7300 block of North Winchester yesterday evening.  The fall happened when the railing to the porch gave way and the man fell to the ground from the second story porch.  He was taken to St. Francis Hospital in Evanston in critical condition with head injuries.

I wrote earlier this summer about the City's failure to inspect porches for code violations.  This was the subject of a series of articles in the Chicago Tribune. 

Even though there was likely no citation written in advance of this accident, the property owner had a legal obligation to maintain the porch in a safe condition, including complying with all applicable City building codes.  This means that the responsibility for this fell to the landlord (if this was a rental apartment building) or the condominium association (if this was a condo building).

You can be certain that there will be City inspectors out in short order doing inspections that should have been done a long time ago and that there will be work done to repair the porch.  As experienced Chicago personal injury lawyers, we would strongly recommend that (1) photos be taken to document the condition of the porch, as evidence of repairs done after the accident may not be admissible at the trial of this case and (2) that experienced investigators contact current and former residents of the building to obtain witness statements to help establish the landlord's notice of the defective condition of the porch. 

Man falls to death down elevator shaft

A Cabrini Green resident died yesterday when he fell down an elevator shaft.  According to witnesses he was walking near the doors of the elevator when he fell against the doors.  The doors gave way and he plunged to his death.

This accident will certainly result in an Illinois wrongful death suit, and there are certain to be some legal issues which will be disputed:

• In Illinois elevator accident suits, the owner of the building is normally regarded as a common carrier, owing the highest duty of care for the safety of users of the elevator.  Since the man was not actually on the elevator, will this be treated as a slip-and-fall negligence case?  If so, the man's family will have to show that the CHA either knew or reasonably should have known about the condition of the doors.
• In many elevator accident cases, the building owner has handed responsibility for maintaining the elevator off to the a contractor.  How will the jury allocate fault between the parties?

These are important legal issues which will have a dramatic impact on the ultimate amount of compensation recovered by this man's family.  In any serious case such as this where there are complicated legal issues, we strongly recommend consultation with an experienced Chicago personal injury lawyer.

City cuts back on porch inspections

After the 2003 Lincoln Park porch collapse disaster which resulted in a wrongful death accident which claimed the lives of 13 people, the City of Chicago implemented an intensive porch inspection program to identify buildings which were susceptible to porch collapse accidents.  The inspection program resulted in several building owners being cited and required to make repairs or replace the porches on their buildings.  The City also updated its building code to impose stricter safety requirements. 

With the public outcry following the Lincoln Park porch collapse accident having died down, the City has scaled back its porch inspection program, and according to a recent Chicago Tribune story, the City's position is that it is up to tenants to let the City know when there is a potential safety issue with the porch at their building.  They claim that once the City is notified, the building will be inspected -- after a delay that may last several weeks.

The Tribune also listed several factors that may be indicators that a porch is not safe.  Safety problems with a porch are indicated by:

• Split or rotting wood;
• Evidence of water damage;
• Loose, rusting, or missing hardware or bolts;
• Loose or missing anchors where the porch attaches to the building;
• Excessive movement or wobbling when the porch is walked on; and
• Loose or missing handrails or railings.

Tenants are of course at risk for injuries from dangerous porches for reasons other than the porch collapsing.  Other kinds of porch accidents might include:

• Tripping and falling on loose floor boards or stairs;
• Falling through rotted boards or railings;
• Loose railings giving way;
• Loose handrails giving way resulting in a fall due to loss of balance;
• Uneven or excessively steep stairs causing a fall due to loss of balance.

Because stairways are part of the common areas of an apartment building, it falls to the landlord to make sure that these are kept in reasonably safe condition, including complying with all building codes.  When an accident happens in an apartment building, injured tenants should hire an experienced Chicago personal injury lawyer to identify the correct legal entities which should be sued as defendants in the case and to identify the relevant building code violations.

Verdict in Home Depot falling merchandise case

A Cobb County, Georgia jury has returned a verdict for $1.5 million against Home Depot in a suit where a shopper was injured by falling merchandise.  The man was shopping at the store when a pallet of plywood fell 24 feet from a forklift and struck the man.  He suffered injuries to his neck and was disabled from returning to construction work.

With the growth of big box retailers, falling merchandise has been an increasing source of injury to customers and lawsuits against big box retailers.  Before the development of the big box retailing industry, stock not on display was placed in back storerooms, out of the way of customers and were brought out as needed or when purchased.

The big box retailers have largely done away with the stock rooms in favor of stocking merchandise on high storage racks.  With the advent of this method of storage, customers have suffered many injuries as a result of being struck by falling merchandise.  This may not have been foreseen when this method of retailing was devised, but the risks of going this route have certainly become apparent through experience. 

To their credit, big box retailers have become more proactive in trying to eliminate some of the risks to customers associated with this method of stocking the stores, but even with improvements in technique, injuries still occur, and when they do, the big box retailers can be held liable for the resulting injuries.

One thing that will be required to effectively prosecute a falling merchandise case is other prior accident and incident reports.  Big box retailers know that these reports are trouble for them because they will show the defendant's knowledge of the hazards of stocking stores in this method, and will fight tooth and nail to avoid turning them over.  Also, many of these retailers are equipped with extensive sophisticated security systems which are intended to prevent shoplifting.  The odds that a falling merchandise incident will be caught on tape is actually pretty high, so one thing that will have to be done in the wake of a falling merchandise accident is to get a letter to the retailer advising them to preserve the security tapes for later use and review.  These are good reasons why anyone injured in a falling merchandise accident should hire an experienced Chicago personal injury lawyer.

Carbon monoxide poisoning makes six ill at New York diner

Six people from a New York diner had to be hospitalized after falling ill due to carbon monoxide poisoning.  After the diner was cleared, authorities determined that the source of carbon monoxide was defective venting to the hot water heater in the diner.

There are a few key items in every investigation of a possible carbon monoxide poisoning case:

• Was there in fact carbon monoxide present where the people became ill in amounts sufficient to cause injury or illness?  This is usually determined by authorities on the scene using a carbon monoxide detector, if one has not been installed at the home or business.
• Is there carbon monoxide emitting equipment nearby?  Any piece of machinery that burns gas is a possible source of carbon monoxide emissions.
• Is the equipment in proper working order?  Poor maintenance or improper installation of the equipment can result in the gases being released indoors instead of outdoors.
• Is the equipment properly vented?  For the equipment to be used safely, the carbon monoxide cannot be released into a confined space, and to keep that from happening it must be properly vented, and the venting system must be in good working order.

Most often the investigation reveals that there was a defect in one of these areas that produces the carbon monoxide poisoning that injured, sicken, or kills the victims of carbon monoxide poisoning.

Carbon monoxide makes family ill in hotel

A family staying in a Maryland hotel had to be hospitalized after being made sick due to carbon monoxide poisoning.  Emergency crews detected high levels of carbon monoxide and were trying to identify the source.

The hotel where this family was sickened is in Maryland resort town.  This carbon monoxide poisoning incident took place at the start of the vacation season when many vacation properties are just being opened up for the summer vacation season.

This accident should serve as a reminder to have all gas burning equipment in vacation properties checked at the start of the summer season so as to prevent any carbon monoxide poisoning deaths and injuries.

Lack of Chicago elevator inspections increases risks of safety hazards

The Chicago Tribune is reporting that the City of Chicago is short on staffing for elevator inspectors, and as a result, many elevators do not have current elevator safety inspections and other elevators with safety deficiencies are left in service.  This increases the risk of an elevator accident due to poor manitenance.

The article properly notes that many building owners keep their elevators well maintained and bring in crews regularly to do work on the elevators.  This is in part to prevent suits for elevator accidents.

It is important to know that the lack of inspections does not relieve the building owners and their contractors of the responsibility for making sure that elevators are in safe working order.  In fact, building owners are considered common carriers as to elevator passengers.  This means that they must exercise the highest degree of care for the safety of elevator passengers to make sure that there are no accidents.  This strong legal standard creates a powerful incentive to be proactive in making sure that there is proper elevator maintenance.

However, having city inspections are important to help assure the safety of people who use elevators in buildings where the owners are not as diligent in maintaining the elevators.  The City of Chicago is leaving those people at risk by not having enough safety inspections of elevators.